Legal Question in Wills and Trusts in California

Re: Can I lien a CA property held by a Family Trust?

I am not sure as to the answer to your specific question; one of the other attorneys who volunters advice i hope will also respond.

My initial reaction is that you can not impose a lien. You have no judgment and without seeing the Trust document, which of course controls what can and can not be done, on the face of it the Trust, your brother, is acting properly in selling an estate property.Your are not objecting to the sale of the property, but the distribution of the funds, so why would you be able to prevent the sale?

Find out who the title insurance company is; if your brothers wil not tell you, go to one of the realtors involved and tell them you do not oppose the sale but what will happen to the money afterwards and you want to be sure that the title company knows that the trust owns the property [if that does not show in the deed and contract of sale, then the buyer is purchasing nothing] and the proceeds from the sale must go into the Trust's bank account and not be in the brothers names as individuals.

Find out why they want to exclude you; honestly, objectively look at their complain and see if it makes sense, even though not all reasonable people would react that way. Decide if there is something you can do that is a middle ground and basis for a settlement. They are your brothers; sometimes such relationships can not be salvaged but it is worth a try.If there was some individual all of you respect [your religious leader, a relative, business partner of one of your parents, etc.] it would be good to have that person try to moderate among the sides.

If you can not settle the matter, you would want to file a motion to change trustors [but a judge would not grant it on speculation, you have to show actual acts or failures to act that were contrary to the trust or law and shows the current trustor is not able to serve properly in that role]. Read sosme books on trusts and estates to get an idea of what your right and remedies are. It sounds like you will need to see an attorney who does trust work and is not afraid of appearing in court for a trial. A local attorney would be best and you would want to nominate potential repalacement trustors who have said they are willing to serve.

Good luck.

Re: Can I lien a CA property held by a Family Trust?

Only if you sue and then file a notice of pendency of action with the county recorder. If the trustees are not honoring the terms of our mothers trust, you should not sit on your rights. You should sue.